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2012 DIGILAW 308 (CHH)

LAKHAN LAL v. STATE OF C. G.

2012-11-21

PRASHANT KUMAR MISHRA

body2012
ORAL ORDER 1. The applicant has moved this application under Section 438 of the Cr.P.C. for grant of anticipatory bail as he is apprehending arrest in connection with Crime No.447/2012, Police Station Kasdol, District - Baloda Bazar-Bhatapara (C.G.) for alleged commission of offence under Sections 294, 323, 506-B/34 of I.P.C. and 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. Aaju Ram Satnami lodged written complaint on 20/09/2012 alleging use of abusive language, criminally intimidation, causing simple hurt and calling him by his caste name by the applicant. 3. The dispute arose on a trivial matter concerning plucking of a locally grown vegetable namely Rakhiya. 4. The F.I.R. was readover by learned State counsel. Though, it is stated that the complainant was abused by using his caste name, however, it has not been stated that on hearing abuses the complainant felt humiliated in a public place. 5. Considering the law laid-down by the Hon'ble Supreme Court in the matter of Swam Singh & Others Vs. State through Standing Counsel, (2008) 9 JT SC 60; Arumugam Servai Vs. State of Tamilnadu, (2011) 6 SCC 405 and Vilas Pandurang Pawar Vs. State of Maharashtra and others, 2012 AIR SCW 4852 this Court is of the considered opinion that in the absence of statement in written complaint that the member of Scheduled Castes and Scheduled Tribes community felt humiliated while hearing the abusive language using his caste name, it would be debatable as to whether the offence under Section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would ultimately be made out. 6. All other offences alleged against the applicants are bailable. 7. Considering the entirety of the circumstances, this Court is inclined to extend the benefit of anticipatory bail to the applicant. Accordingly, anticipatory bail application is allowed. It is, therefore, directed that if applicant surrenders himself before the concerned police station within 20 days from today or in case of his arrest, if he furnishes a personal bond of Rs.25,000/- with a solvent surety in the like sum to the satisfaction of the arresting officer, he be released on bail. 8. Accordingly, anticipatory bail application is allowed. It is, therefore, directed that if applicant surrenders himself before the concerned police station within 20 days from today or in case of his arrest, if he furnishes a personal bond of Rs.25,000/- with a solvent surety in the like sum to the satisfaction of the arresting officer, he be released on bail. 8. The applicant shall make himself available for interrogation by a police officer as and when required and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Bail Granted.